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HomeMy WebLinkAbout1960-02-25 MinutesMINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT • Council Chamber February 25, 1960 Present: Mr. L. M. McGoodwin Mr. Loris Stanton Mr. J. F. Robinson Mr. Clarence Young Mr. Harold E. Lieberenz Mr. Frank Leach Mr. Troy Poe Mr. Guy Brown Mr. Kenneth A. Rader, applicant Mrs. Lois Eubanks, applicant Mr. O. H. Gamble, applicant 3:30 P. M. Absent: Mr. George Bowen Mr. L. M. McGoodwin, chairman, called the meeting to order and asked the secretary to read afr the minutes of the last meeting. Upon the reading of the Minutes, the point was made by Mr. Clarence Young that the building proposed by Mr. Pothast would have been only 10 feet from College Avenue property line. He felt that the minutes should be corrected to show this, as this was an important fact in Mr. Pothast's application. The first application was that of Mrs. Lois Eubanks at 424 Poplar Street. She • asks permission to extend her residence 18 feet to the East six feet to enlarge a room in which she has a "home" beauty shop and a six foot utility room. Also she wishes to build an attached garage on the east of this six foot extension. This application is non -conforming as to the City Zoning Ordinance because of a beauty parlor being operated in the residence. Mr. Young asked how the area is zoned. Mr. Lieberenz stated that it is an A -Residential Zone. Mr. Stanton asked if the beauty shop; was in the residence before it was part of the city. The applicant stated that it was. She stated that the proposed addition would be about three feet from the property line, but that she owned 7 lots in that area, including the next one to the east. Mr. Young asked if the lot to the east was vacant. She stated that it was. Mr. Young then asked the applicant what reasons she had that she thought would warrant a variation from the zoning ordinance. She stated that she wanted to do it in order that she could tear down the barn. She further stated that she was a widow and had two teenage children and felt that she needed to have her business in her home in order to be at home with the children. Mr. McGoodwin then pointed out that she was really asking for two variances --one to extend her beauty shop and the other to build too close to the east lot line. Mr. McGoodwin stated that if the lot to the east were sold, it would be too close to this property line. Mr. Young asked if Birch Avenue is open. Mr. Lieberenz stated that it is not. Mr. Stanton asked if it was a question of whether it was right to install a beauty shop • in that area. Mr. Lieberenz sait that the Zoning Ordinance states that no non- conforming building can be enlarged. Mr. Young stated that if the building is used as a non -conforming business, there is a problem, but there would be none if the place were not a non -conforming building. Mr. Lieberenz said that there is no violation as far as building any addition except that it is an addition to a non -conforming 150 -2 - building. Mr. Robinson stated that the Board had no choice about how to rule on the • application. Mr. Young said that it would be a different story if the area were re- zoned. Mr. Lieberenz said that the A -Residential Area determines that a business cannot be erected in the area. Mr. Young said that he thought the best thing for the applicant to do would be to go to the Planning Commission and make an application for the area to be re -zoned. Mrs. Eubanks stated that she understood that she could not even build a garage. Mr. Young stated that a permit could be issued if it were not a business in an A -Residential Zone. Mr. Young said the Ordinance stated that the building could not be altered if it was non -conforming. Mr. Young said that as he saw it, her only alternative was to petition the Planning Commission to re -zone the area. Mr. McGoodwin asked if the Board was read to vote. Roll was called, and a vote indicated: Mr. Stanton No Mr. McGoodwin No Mr. Young No Mr. Robinson No The application was denied. The second application was that of Mr. Kenneth A. Rader at 835 West North Street. Mr. Rader asks permission to build an extension to his residence. This proposed extension would be approximately thirteen feet and eight inches (13"-811) from • Storer Avenue property line. Mr. McGoodwin asked if this building was used for residential purposes. Mr. Rader stated that it was. Mr. McGoodwin then asked what the existing extension on the west side of his house was. Mr. Rader stated that it was a carport. Mr. McGoodwin then asked why the extension was needed. Mr. Rader said that his family was growing and needed additional bedrooms. Mr. Stanton stated that there would still be approximately 43.5 feet of back yard. Mr. McGoodwin asked if the proposed extension to the building would cut off any more of the view from the street than the existing building. Mr. Rader stated that he couldn't see how it would, and that it would be only one story with a flat roof. Mr. McGoodwin asked if the Board was ready to vote. Roll was called, and the vote indicated. Mr. Stanton Yes Mr. McGoodwin Yes Mr, Robinson Yes Mr. Young Yes The application was granted. Mr. McGoodwin brought out the point that this was a narrow corner lot, and that he felt that there is no other place for the extension to be made. • The third application was that of Mr. O. H. Gamble at 847 Park Avenue. Mr. Gamble asks permission to erect a carport on the north side of his residence. This carport would be approximately thirteen (13) feet from the north property line (Cleburn Street). 151 - 3 - Mr. McGoodwin stated that this was another case of a narrow corner lot. The • structure would be 13 feet from the north property line (Cleburne St. ) instead of the 25 feet required by the Zoning Ordinance. Mr. Stanton asked if it would be a 15 foot carport. Mr. Gamble stated that the roof of the carport would be 21 feet. He stated that he has nothing under which to set his car. Mr. Young asked where the existing garage was in relation to the property line. Mr. Gamble stated that it was right on the west and north property lines and that it was a Model -T type garage and could not accommodate a present-day car. He said that the man next door has the same type of carport he wants. Mr. Gamble stated that the only one it could hurt would be the neighbor across the street. He said the view was already cut off by a Walnut tree and an evergreen tree, therefore the structure will not cut off any more of the view along this street. Mr. McGoodwin ask if the carport could be build back of the house. Mr. Gamble said that it would be on a hill. Mr. McGoodwin xxi*that asked if the area had a cluttered appearance. Mr. Young stated that it was a very open corner. Mr. Gamble stated that the roof would be approximately eight feet from Park. There being no further discussion, Mr. McGoodwin asked for a vote. Roll was called, and a vote indicated. Mr. Stanton Yes Mr. McGoodwin Yes Mr. Robinson Yes Mr. Young Yes • The application was granted. 0 There being no further business, the meeting was adjourned. Secretary Date Approved: T 152